House File 2456 H-8117 Amend House File 2456 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 BEHAVIORAL HEALTH —— DISCLOSURES —— MENTAL HEALTH AND 4 DISABILITY SERVICES > 5 2. Page 17, after line 26 by inserting: 6 < DIVISION ___ 7 EXTREME RISK PROTECTIVE ORDER —— FIREARMS 8 Sec. ___. Section 664A.1, subsection 2, Code 2018, is 9 amended to read as follows: 10 2. a. “Protective order” means a protective order issued 11 pursuant to chapter 232 , a court order or court-approved 12 consent agreement entered pursuant to this chapter or chapter 13 235F , a court order or court-approved consent agreement entered 14 pursuant to chapter 236 or 236A , including a valid foreign 15 protective order under section 236.19, subsection 3 , or section 16 236A.19, subsection 3 , a temporary or permanent protective 17 order or order to vacate the homestead under chapter 598 , or an 18 order that establishes conditions of release or is a protective 19 order or sentencing order in a criminal prosecution arising 20 from a domestic abuse assault under section 708.2A , or a civil 21 injunction issued pursuant to section 915.22 . 22 b. “Protective order” does not include a protective order 23 issued pursuant to chapter 664B. 24 Sec. ___. NEW SECTION . 664B.1 Definitions. 25 As used in this chapter unless the context otherwise 26 requires: 27 1. “Affidavit” means a written declaration or statement of 28 fact made under oath, or legally sufficient affirmation, before 29 any person authorized to administer oaths within or without the 30 state. 31 2. “Family member” means a spouse, person cohabiting, a 32 parent, or other person related by consanguinity or affinity. 33 3. “Firearm” includes ammunition and any offensive weapon. 34 4. “Intimate relationship” means the same as defined in 35 -1- HF2456.4110 (2) 87 hb/rh 1/ 15 #1. #2.
section 235E.1. 1 5. “Plaintiff” means a family member, a person with whom the 2 respondent is having an intimate relationship with, or a peace 3 officer who files a petition under this chapter. 4 6. “Possession” includes ownership, custody, or control. 5 7. “Respondent” means a person against whom a protective 6 order is filed under this chapter. 7 Sec. ___. NEW SECTION . 664B.2 Extreme risk protective order 8 —— petition. 9 1. A plaintiff may file a petition in the district court 10 requesting an extreme risk protective order. Venue shall lie 11 in the county where either party resides. The petition shall 12 contain all of the following: 13 a. Name of the plaintiff and the name and address of the 14 plaintiff’s attorney, if any. If the plaintiff is proceeding 15 pro se, the petition shall state a mailing address for the 16 plaintiff. A mailing address may be provided by the plaintiff 17 pursuant to section 664B.6. 18 b. A statement of facts alleging the respondent presents 19 a significant danger to the respondent’s self or others by 20 possessing, shipping, transporting, or receiving firearms 21 accompanied by an affidavit stating the specific statements, 22 actions, or facts that give rise to the reasons the respondent 23 presents a significant danger to the respondent’s self or 24 others by possessing, shipping, transporting, or receiving 25 firearms. 26 c. The location, type, and number of firearms the plaintiff 27 believes are possessed by the respondent. 28 d. Whether the respondent is subject to a current protective 29 order or a no-contact order. 30 e. Whether any legal proceeding is pending between the 31 plaintiff and respondent, and if so, the nature of the legal 32 proceeding. 33 f. Desired relief, including a request for temporary or 34 emergency orders. 35 -2- HF2456.4110 (2) 87 hb/rh 2/ 15
2. The filing fee and court costs for an extreme risk 1 protective order shall be waived for the plaintiff. 2 3. The clerk of the district court, the sheriff of any 3 county in this state, or any peace officer, or corrections 4 officer shall perform their duties relating to service of 5 process without charge to the plaintiff. When an order for 6 an extreme risk protective is entered by the court, the court 7 may direct the respondent to pay to the clerk of court the 8 fees for the filing of the petition and reasonable costs of 9 service of process if the court determines the respondent has 10 the ability to pay the plaintiff’s fees and costs. In lieu of 11 personal service of a protective order issued pursuant to this 12 section, the sheriff of any county in this state, and other law 13 enforcement and corrections officers may serve a respondent 14 with a short-form notification pursuant to section 664B.3. 15 Sec. ___. NEW SECTION . 664B.3 Short-form notification. 16 1. In lieu of personal service of an extreme risk protective 17 order or an emergency extreme risk protective order on a 18 respondent whose firearms are to be surrendered by such an 19 order, a sheriff of any county in this state or any peace 20 officer or corrections officer in this state may serve the 21 respondent with a short-form notification pursuant to this 22 section to effectuate service of an unserved order. 23 2. Service of a short-form notification under this section 24 shall be allowed during traffic stops and other contacts with 25 the respondent by a sheriff, peace officer, or corrections 26 officer in this state in the course of performing official 27 duties. The respondent may be detained for a reasonable period 28 of time to complete the short-form notification process. 29 3. When the short-form notification process is complete, 30 the sheriff, peace officer, or corrections officer serving the 31 notification shall file a copy of the notification with the 32 clerk of the district court. The filing shall indicate the 33 date and time the notification was served on the respondent. 34 4. The short-form notification shall be on a form 35 -3- HF2456.4110 (2) 87 hb/rh 3/ 15
prescribed by the state court administrator. The state court 1 administrator shall prescribe rules relating to the content 2 and distribution of the form to appropriate law enforcement 3 agencies in this state. The form shall include but not be 4 limited to all of the following statements: 5 a. The respondent shall immediately surrender all firearms 6 in the respondent’s possession and any permit to carry weapons 7 or permit to acquire in the possession of the respondent. 8 b. The respondent is responsible for obtaining a full copy 9 of the extreme risk protective order or emergency extreme risk 10 protective order from the county sheriff of the county in which 11 the order was entered or from the clerk of the district court. 12 c. The terms and conditions of the extreme risk protective 13 order or emergency extreme risk protective order are 14 enforceable, and the respondent is subject to arrest for 15 violating the protective order. 16 Sec. ___. NEW SECTION . 664B.4 Plaintiffs proceeding pro se 17 —— provision of forms and assistance. 18 1. The department of justice shall prescribe standard forms 19 to be used by a plaintiff proceeding pro se when filing a 20 petition under this chapter. The standard forms shall include 21 language in fourteen point boldface type. Standard forms 22 prescribed by the department shall be the exclusive forms used 23 by a plaintiff proceeding pro se, and may be used by other 24 plaintiffs. The department shall distribute the forms to the 25 clerks of the district courts. 26 2. The clerk of the district court shall furnish the 27 required forms to plaintiffs seeking an extreme risk protective 28 order through pro se proceedings pursuant to this chapter. 29 Sec. ___. NEW SECTION . 664B.5 Assistance by county 30 attorney. 31 A county attorney’s office may provide assistance to a 32 plaintiff wishing to initiate proceedings pursuant to this 33 chapter or to a plaintiff at any stage of a proceeding under 34 this chapter, if the plaintiff does not have sufficient funds 35 -4- HF2456.4110 (2) 87 hb/rh 4/ 15
to pay for legal assistance and if the assistance does not 1 create a conflict of interest for the county attorney’s office. 2 The assistance provided may include, but is not limited to, 3 assistance in obtaining or completing forms, filing a petition 4 or other necessary pleading, presenting evidence to the court, 5 and enforcing the orders of the court entered pursuant to this 6 chapter. Providing assistance pursuant to this section shall 7 not be considered the private practice of law for the purposes 8 of section 331.752. 9 Sec. ___. NEW SECTION . 664B.6 Plaintiff’s address —— 10 confidentiality of records. 11 1. A plaintiff may use any of the following addresses as a 12 mailing address for purposes of filing a petition under this 13 chapter: 14 a. The mailing address of a shelter or other agency. 15 b. A public or private post office box. 16 c. Any other mailing address, with the permission of the 17 resident of that address. 18 2. A plaintiff shall report any change of address, whether 19 designated according to subsection 1 or otherwise, to the clerk 20 of the district court no more than five days after the previous 21 address on record becomes invalid. 22 3. The entire file or a portion of the file under this 23 chapter shall be sealed by the clerk of the district court as 24 ordered by the court to protect the privacy interest or safety 25 of any person. 26 4. Notwithstanding subsection 3, court orders shall remain 27 public records, although the court may order that address and 28 location information be redacted from the public records. 29 Sec. ___. NEW SECTION . 664B.7 Hearing. 30 1. Not less than five and not more than fifteen days after 31 commencing a proceeding and upon notice to the other party, 32 a hearing shall be held at which the plaintiff must prove by 33 a preponderance of the evidence that the respondent presents 34 a significant danger to the respondent’s self or others by 35 -5- HF2456.4110 (2) 87 hb/rh 5/ 15
possessing, shipping, transporting, or receiving firearms. 1 2. Upon hearing, if the court finds by a preponderance of 2 the evidence that the respondent poses a significant danger 3 to the respondent’s self or others by possessing, shipping, 4 transporting, or receiving firearms, the court shall issue an 5 extreme risk protective order for a period of one year. 6 3. In determining whether grounds for an extreme risk 7 protective order exist, the court may consider any relevant 8 evidence including but not limited to the following: 9 a. A recent act or threat of violence by the respondent 10 against the respondent’s self or others, and whether such 11 violence or threat involves a firearm. 12 b. A pattern of acts or threats of violence against the 13 respondent’s self or others within the preceding twelve months 14 of the filing of the petition. 15 c. Any serious mental impairment of the respondent. 16 d. Any violation of a no-contact order issued for violations 17 or alleged violations of sections 708.2A, 708.7, 708.11, 709.2, 18 709.3, and 709.4, and any other public offense for which there 19 is a victim. 20 e. Any violation of a protective order issued in a civil 21 proceeding under chapter 232, 235F, 236, 236A, 598, or 915. 22 f. The issuance of a previous extreme risk protective order 23 against the respondent under this chapter. 24 g. A violation of a previous extreme risk protective order 25 issued against the respondent under this chapter. 26 h. A conviction of the respondent for a crime that 27 constitutes domestic abuse assault in violation of section 28 708.2A. 29 i. The possession of or access to a firearm, or the intent 30 to possess a firearm by the respondent. 31 j. The unlawful or reckless use, display, or brandishing of 32 a firearm by the respondent. 33 k. Any history of use, attempted use, or threatened use of 34 physical force by the respondent against another person, or the 35 -6- HF2456.4110 (2) 87 hb/rh 6/ 15
respondent’s history of stalking or harassing another person. 1 l. Any prior arrest of the respondent for a felony offense 2 or violent crime. 3 m. Evidence of abuse of a controlled substance or alcohol 4 by the respondent. 5 n. Evidence of recent acquisition of a firearm by the 6 respondent. 7 4. The court may: 8 a. Examine under oath the plaintiff, the respondent, and 9 any witnesses that the plaintiff or respondent produces, or 10 in lieu of examination, consider affidavits of the plaintiff, 11 the respondent, or any witnesses the plaintiff or respondent 12 produces. 13 b. Ensure that a reasonable search has been conducted for 14 criminal history records relating to the respondent. 15 5. During the hearing, the court may order a substance abuse 16 evaluation. 17 6. An extreme risk protective order shall include all of the 18 following: 19 a. A statement of the grounds supporting the issuance of the 20 order. 21 b. The date and time the order was issued. 22 c. The date and time the order expires. 23 d. Whether a substance abuse evaluation is required. 24 e. Whether a responsive pleading may be filed. 25 f. A description of the firearms to be surrendered. 26 g. An extreme risk protective order shall contain the 27 following statement: 28 To the subject of this protective order: This order remains 29 effective until the date and time noted above. If you have not 30 done so already, you must surrender to the (insert the name of 31 a local law enforcement agency with jurisdiction) all firearms 32 in your possession, custody, or control and surrender any 33 permit to carry weapons or permit to acquire in your possession 34 to such agency. You shall not have in your possession a 35 -7- HF2456.4110 (2) 87 hb/rh 7/ 15
firearm, or ship, transport, or receive, or attempt to ship, 1 transport, or receive such a firearm while this order is in 2 effect. You have the right to request one hearing to terminate 3 this order during each twelve-month period that this order is 4 in effect, starting from the date of this order and continuing 5 through any extension of the order. If the order requires 6 a substance abuse evaluation, you must first obtain such 7 evaluation and disclose the results of the evaluation to the 8 court prior to requesting a hearing. 9 7. If a hearing is continued, the court may make or extend 10 any order issued under subsection 2 that it deems necessary. 11 8. Upon the application of a party, the court shall issue 12 subpoenas requiring attendance and testimony of witnesses and 13 production of papers. 14 9. The court shall advise the respondent of a right to be 15 represented by counsel of the respondent’s choosing and to have 16 a continuance to secure counsel. 17 10. If applicable, the court shall determine whether the 18 respondent has had sufficient opportunity to surrender the 19 respondent’s firearms after service of an emergency extreme 20 risk protective order issued under section 664B.8. 21 11. Hearings shall be recorded. 22 Sec. ___. NEW SECTION . 664B.8 Emergency extreme risk 23 protective order. 24 1. A plaintiff may request that an emergency extreme risk 25 protective order be issued before a hearing for an extreme 26 risk protective order under section 664B.7, without notice 27 to the respondent, by including in the petition detailed 28 allegations based on personal knowledge that the respondent 29 poses a significant danger to the respondent’s self or others, 30 in the near future, by possessing, shipping, transporting, or 31 receiving firearms. 32 2. In considering whether to issue an emergency extreme risk 33 protective order under this section, the court shall consider 34 all relevant evidence described in section 664B.7, subsection 35 -8- HF2456.4110 (2) 87 hb/rh 8/ 15
3. 1 3. If the court finds there is good cause to believe that 2 the respondent poses a significant danger to the respondent’s 3 self or others, in the near future, by possessing, shipping, 4 transporting, or receiving firearms, the court shall issue an 5 emergency extreme risk protective order. 6 4. The court shall hold an emergency extreme risk protective 7 order hearing in person or by telephone on the day the petition 8 is filed. 9 5. When the court is unavailable from the close of business 10 at the end of the day or week to the resumption of business 11 at the beginning of the day or week, a petition may be filed 12 before a district judge, or district associate judge designated 13 by the chief judge of the judicial district, who may grant 14 emergency relief under this section, if the district judge 15 or district associate judge finds there is good cause to 16 believe that the respondent poses a significant danger to the 17 respondent’s self or others, in the near future, by possessing, 18 shipping, transporting, or receiving firearms. 19 6. An emergency extreme risk protective order shall include 20 the following: 21 a. A statement of the grounds supporting the issuance of the 22 order. 23 b. The date and time the order was issued. 24 c. The date and time the order expires. 25 d. Whether a responsive pleading may be filed. 26 e. A description of the firearms to be surrendered. 27 f. The date and time of the scheduled hearing. 28 g. An emergency extreme risk protective order shall contain 29 the following statement: 30 To the subject of this protective order: This order remains 31 effective until the date and time noted above. If you have not 32 done so already, you must immediately surrender to the (insert 33 the name of a local law enforcement agency with jurisdiction) 34 all firearms in your possession, custody, or control, and 35 -9- HF2456.4110 (2) 87 hb/rh 9/ 15
surrender any permit to carry weapons or permit to acquire 1 in your possession to such agency. You shall not have in 2 your possession a firearm, or ship, transport, or receive, or 3 attempt to ship, transport, or receive such a firearm while 4 this order is in effect. A hearing will be held on the date 5 and time noted above to determine if an extreme risk protective 6 order shall be issued. Failure to appear at that hearing may 7 result in a court entering an extreme risk protective order 8 against you that is valid for a period of one year. You may 9 seek the advice of an attorney as to any matter connected with 10 this order. 11 7. An emergency extreme risk protective order issued under 12 this section shall expire upon the issuance of an extreme 13 risk protective order under section 664B.7 or if the court 14 determines at a hearing on the petition for an extreme risk 15 protective order under section 664B.7 that the plaintiff 16 has not proven by a preponderance of the evidence that the 17 respondent presents a significant danger to the respondent’s 18 self or others by possessing, shipping, transporting, or 19 receiving firearms. 20 8. An emergency extreme risk protective order shall be 21 served by the sheriff of any county in this state, a peace 22 officer, or a corrections officer, in the same manner provided 23 in section 664B.2 for the service of the notice and petition, 24 and shall be served concurrently with such notice of hearing 25 and petition, if possible. Alternatively, an emergency 26 extreme risk protective order may be served using short-form 27 notification pursuant to section 664B.3, and shall be served 28 concurrently with the notice of hearing and petition, if 29 possible. 30 Sec. ___. NEW SECTION . 664B.9 Notice of extreme risk 31 protective order or emergency extreme risk protective order. 32 1. The clerk of the district court or other person 33 designated by the court shall provide a copy of the extreme 34 risk protective order or the emergency extreme risk protective 35 -10- HF2456.4110 (2) 87 hb/rh 10/ 15
order to the plaintiff. 1 2. The clerk of the district court shall provide a notice 2 and copy of the protective order to the appropriate law 3 enforcement agencies and the twenty-four-hour dispatcher for 4 the law enforcement agencies in the same manner as provided in 5 section 235F.6, 236.5, or 236A.7, as applicable. The clerk 6 of the district court shall provide a notice and copy of a 7 termination or extension of the protective order in the same 8 manner. 9 Sec. ___. NEW SECTION . 664B.10 Termination or extension of 10 order. 11 1. The respondent may request a hearing to terminate 12 an extreme risk protective order issued under this chapter 13 during the twelve-month period that the order is in effect, 14 starting from the date of the order and continuing through any 15 extensions. 16 a. Upon receipt of a request for a hearing to terminate 17 an extreme risk protective order, the court shall set a date 18 for a hearing. Notice of the request shall be served on the 19 plaintiff. The hearing shall occur no sooner than fourteen 20 days and no later than thirty days from the date of service of 21 the request upon the plaintiff. 22 b. The respondent shall have the burden of proving by a 23 preponderance of the evidence that the respondent does not pose 24 a significant danger to the respondent’s self or others by 25 possessing, shipping, transporting, or receiving firearms. 26 c. If the court finds after the hearing that the respondent 27 has met the burden of proof, the court shall terminate the 28 extreme risk protective order. 29 2. A family member may, by motion, request an extension 30 of an extreme risk protective order within ninety days of the 31 expiration of the order. 32 a. Upon receipt of a motion to extend an extreme risk 33 protective order, the court shall order the hearing be held no 34 earlier than fourteen days from the date of the motion. 35 -11- HF2456.4110 (2) 87 hb/rh 11/ 15
b. In considering whether to extend the extreme risk 1 protective order under this section, the court shall consider 2 all relevant evidence described in section 664B.7, subsection 3 3. 4 c. If the court finds by a preponderance of the evidence 5 that the requirements for issuance of an extreme risk 6 protective order continue to be met, the court shall extend 7 the order. However, if, after notice, the motion to extend is 8 uncontested and the plaintiff does not seek a modification of 9 the existing order, the order may be extended on the basis of 10 the plaintiff’s motion or affidavit stating that there has been 11 no material change in relevant circumstances since entry of the 12 protective order. 13 Sec. ___. NEW SECTION . 664B.11 Firearms and firearm permits 14 —— surrender. 15 1. Upon the issuance of an extreme risk protective order 16 or an emergency extreme risk protective order, the court shall 17 order the respondent to immediately surrender to the law 18 enforcement agency named in the protective order, all firearms 19 possessed by the respondent and any permit to carry weapons 20 or permit to acquire possessed by the respondent, within 21 forty-eight hours of service of the order or within forty-eight 22 hours of a hearing held pursuant to section 664B.7 at which the 23 respondent was present and an order was subsequently issued. 24 2. At the time of surrendering any firearms, a law 25 enforcement officer taking possession of any firearms 26 shall issue a receipt identifying all firearms that have 27 been surrendered and provide a copy of the receipt to the 28 respondent. Within seventy-two hours after service of the 29 order the law enforcement officer serving the order shall file 30 the original receipt with the court and shall ensure that the 31 law enforcement agency retains a copy of the receipt. 32 3. Upon a sworn statement or testimony of the plaintiff or 33 of any law enforcement officer alleging that the respondent has 34 failed to comply with the surrender of firearms and permits 35 -12- HF2456.4110 (2) 87 hb/rh 12/ 15
as required by any order issued under this section, the court 1 shall determine whether probable cause exists to believe that 2 the respondent has failed to surrender all firearms or permits 3 in the possession of the respondent. If probable cause exists, 4 the court shall issue a search warrant describing the firearms 5 and authorizing a search of the locations where the firearms 6 are reasonably believed to be and the seizure of any firearms 7 discovered in the search. 8 4. If a person other than the respondent claims to own 9 any of the firearms seized or surrendered pursuant to this 10 chapter, and the law enforcement agency where the firearms are 11 stored determines that person to be the lawful owner of the 12 firearms, the firearms shall be returned to the lawful owner if 13 the lawful owner agrees to store the firearms in such a manner 14 that prevents the respondent from having access to the firearms 15 during the time an extreme risk protective order or emergency 16 extreme risk protective order is in effect. 17 Sec. ___. NEW SECTION . 664B.12 Firearm surrender —— 18 hearing. 19 Upon the issuance of an extreme risk protective order, the 20 court shall order a new hearing within three business days 21 of the issuance of the order that requires the respondent 22 to provide evidence to the court that the respondent has 23 surrendered any firearms in the possession of the respondent. 24 The court may dismiss the hearing upon a satisfactory showing 25 the respondent has complied with the order. 26 Sec. ___. NEW SECTION . 664B.13 Firearms —— storage. 27 All law enforcement agencies shall develop policies and 28 procedures by June 1, 2019, regarding the acceptance, storage, 29 and return of firearms surrendered to a law enforcement agency 30 under this chapter. 31 Sec. ___. NEW SECTION . 664B.14 Return of firearms and 32 unclaimed firearms. 33 1. If an extreme risk protective order is terminated or 34 expires without an extension, the law enforcement agency in 35 -13- HF2456.4110 (2) 87 hb/rh 13/ 15
possession of any firearms surrendered by a respondent shall 1 return any such firearms upon request of the respondent, 2 provided the respondent is eligible to possess a firearm. 3 2. Notwithstanding section 809.21, for firearms that remain 4 unclaimed by the lawful owner, the firearms shall be destroyed 5 pursuant to 661 IAC 95.8. 6 Sec. ___. NEW SECTION . 664B.15 Penalties. 7 1. A person who files a petition under this chapter knowing 8 the information in the petition to be materially false commits 9 a serious misdemeanor. 10 2. A respondent who possesses a firearm, or who ships, 11 transports, or receives, or attempts to ship, transport, or 12 receive a firearm while an extreme risk protective order or 13 emergency extreme risk protective order is in effect commits an 14 aggravated misdemeanor. 15 3. A person who claims ownership of a firearm pursuant to 16 section 664B.11, subsection 4, who agrees to store the firearm 17 in such a manner that prevents a respondent from having access 18 to the firearm commits a serious misdemeanor if the respondent 19 is later found to have access to the firearm that is subject 20 to the agreement while an extreme risk protective order is in 21 effect. 22 4. A respondent who violates subsection 2 shall be 23 prohibited from possessing, shipping, transporting, or 24 receiving a firearm for a period of five years from the date of 25 the conviction. 26 Sec. ___. Section 724.8, Code 2018, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 7. Is subject to an extreme risk protective 29 order or an emergency extreme risk protective order issued 30 under chapter 664B. 31 NEW SUBSECTION . 8. Has been convicted of a violation of 32 section 664B.15, subsection 2, within the previous five years. 33 Sec. ___. Section 724.15, subsection 1, Code 2018, is 34 amended by adding the following new paragraphs: 35 -14- HF2456.4110 (2) 87 hb/rh 14/ 15
NEW PARAGRAPH . d. Is subject to an extreme risk protective 1 order or an emergency extreme risk protective order issued 2 under chapter 664B. 3 NEW PARAGRAPH . e. Has been convicted of a violation of 4 section 664B.15, subsection 2, within the previous five years. 5 Sec. ___. Section 724.26, subsection 2, paragraph a, Code 6 2018, is amended to read as follows: 7 a. Except as provided in paragraph “b” , a person who is 8 subject to a protective order under 18 U.S.C. §922(g)(8) or who 9 has been convicted of a misdemeanor crime of domestic violence 10 under 18 U.S.C. §922(g)(9) and who knowingly possesses, 11 ships, transports, or receives a firearm, offensive weapon, or 12 ammunition and who is any of the following is guilty of a class 13 “D” felony . : 14 (i) Is subject to a protective order under 18 U.S.C. 15 §922(g)(8). 16 (ii) Has been convicted of a misdemeanor crime of domestic 17 violence under 18 U.S.C. §922(g)(9). 18 (iii) Is subject to an extreme risk protective order under 19 chapter 664B. > 20 3. Title page, line 4, by striking < and mental > and 21 inserting < mental > 22 4. Title page, line 5, by striking < services > and inserting 23 < services, and the creation of an extreme risk protective 24 order, and providing penalties > 25 5. By renumbering as necessary. 26 ______________________________ STAED of Linn -15- HF2456.4110 (2) 87 hb/rh 15/ 15 #3. #4. #5.